Bill C-31 (Historical)

Protecting Canada's Immigration System Act

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.
The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.
In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Bill C-31--Time Allocation Motion

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the government is trying to say it does not want any more members of Parliament to debate Bill C-31. It will allow for two or three or whatever number works, but there is a limit. It is trying to prevent members of Parliament from debating the bill.

The minister tries to justify it by saying we have had endless debate on human smuggling over the last year. The minister is fully aware that Bill C-4 is non-existent now. Bill C-31 not only replaces it, but it adds a whole new aspect to the bill.

It is an issue of affording MPs the opportunity to debate. This is something this new Conservative majority government has refused to do 18 times. This is but one example. The government killed the Canadian Wheat Board, with which I know the minister is familiar, using time allocation.

My question is why is the government, time and time again, resorts to time allocation as a way to prevent legitimate, honest debate inside the House of Commons, thereby stealing the voices of Canadians--

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, yes, we are pleased with the outcome of the Balanced Refugee Reform Act in the previous Parliament. We continue to be proud of the work done by all parliamentarians.

However, I make no bones about the fact that the ultimate outcome was not optimal in terms of protecting the integrity of Canada's immigration system. Since the adoption of that bill, we have seen a huge and growing wave of unfounded asylum claims coming particularly from the European Union. It is bizarre to see a situation where now, since the adoption of that bill two years ago, we are getting more asylum claims from the European Union than we do from Africa or Asia.

I think any sensible person would say that is bizarre, particularly given that virtually none of the European asylum claimants even bother to show up at their hearing. Virtually all of them, of their own volition, abandon or withdraw their own claims. However, almost 100% of the claimants show up at the initial interview that is required in order to get the status document to qualify for welfare and other social benefits.

This is a huge gaping hole in the integrity and fairness of our immigration system. it is the responsibility of Parliament to act. Yes, to debate it, but ultimately to act.

We have already had 100 speeches on the human smuggling provisions included in Bill C-31. That clearly indicates the intention of the opposition to continue an endless filibuster.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, I appreciate the member's contribution to debates in this place, but I could not disagree with her more strongly on this particular point.

There is a widespread consensus that the current asylum system is dysfunctional. Yet there are certain discrete special interests, including the so-called refugee lawyers association, that are the core special interests who want to protect the status quo. They are opposed to any meaningful reform. Frankly, any model of refugee reform that that organization supported would continue the dysfunction of the asylum system.

What we are proposing in C-31 goes above and beyond our legal and humanitarian obligations under both the Charter of Rights and Freedoms and the UN convention on refugees. It proposes an asylum system that would be universally accessible and that would respect absolutely our obligation of non-refoulement of people deemed to be in need of our protection. It would provide access to a full and fair hearing at an independent quasi-judicial body, which again goes above and beyond our charter and UN convention obligations. It would create for the first time a full and fact-based appeal at the refugee appeal division, accessible to the vast majority of failed asylum claimants who lose at the first instance.

This is something that I think any reasonable person could support. However, we will not allow ourselves to be blocked from meaningful reform, to provide protection to real refugees by the special interests who have helped to create the problems in the first place.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, I do not agree. When a bill is important and is part of the commitments that our party made to voters, we have to study it for a certain time in committee, then move on to the final vote. The opposition is trying to prevent the committee from studying the bill and prevent the final vote. The opposition is trying to prevent the government from keeping its promises. We have made promises.

Bill C-31 is urgent because it concerns people's safety. Every year, thousands of people around the world die during human smuggling. As we have seen in the news, human smuggling rings are trying to organize long, dangerous trips to Canada from Africa's west coast. We are going to need these tools soon.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, first of all, I hear implicit in that question an acknowledgement from the hon. member, which I appreciate, that time allocation is a legitimate tool in managing legislative business. I think what she is questioning is under what circumstances it is used. She suggested it ought not to be used unilaterally. I would submit that by definition, it is the government that has the responsibility for moving forward a legislative mandate and government orders which must trigger and vote in favour of time allocation when it is used, as was the case under the previous Liberal government and would be the case under any future Liberal government.

On the substance of this, let me clear. In the last Parliament we had dozens of hours of debate on the human smuggling provisions now found in Bill C-31. Canadians were frustrated that the opposition refused to allow those measures to be adopted into law. We had an election. The Conservative Party made legislation to combat human smuggling a key priority in its platform. We had television advertisements on it. The Prime Minister spoke about it across the country. That constituted part of the democratic mandate that we received.

Then we brought in Bill C-4. We had dozens of hours of debate on that bill and faced another opposition filibuster. Now we have included those measures in Bill C-31 and we know perfectly well what will continue if we do not use time allocation.

Just in this Parliament already we have had 18 hours of debate on the human smuggling provisions, 73 speeches and, I would submit, probably more in the previous Parliament. There has been already more than ample debate on these measures. It is time for us as a Parliament to act to combat human smuggling and to keep our commitment to Canadians to do it.

[Jason Kenney, Conservative, Calgary Southeast, AB]

Mr. Speaker, quite the contrary. The hon. member is wrong because a number of measures in Bill C-31 were included in Bill C-4, which the current Parliament has debated for dozens of hours.

Indeed, we saw the official opposition's clear intention to filibuster in order to prevent the introduction at second reading of a motion to refer the bill to the standing committee. That was clear. The opposition members have already had dozens of hours to continue their filibuster on the measures to fight criminal networks that organize human smuggling.

We have to focus on the substance of the bill. It is very important for fighting criminal human smuggling networks. Human smuggling is a dangerous trade that kills thousands of innocent people every year. We have introduced reasonable measures to combat human trafficking.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, with all due respect to the Minister of Immigration, we disagree on two definitions. The first has to do with democracy. To sum up what he said about democracy: Canadians go to the polls every four years to give a mandate to one party and that party can do whatever it wants.

I disagree. Democracy is what we do here. We each represent a constituency in Canada. I represent the people of Rimouski-Neigette—Témiscouata—Les Basques, who have given me a mandate, as a member of Parliament, to speak to bills introduced by the government. I want to do that, but the fact that the government systematically moves time allocation motions, even before the debate even begins in many cases, prevents us from fulfilling that role.

That leads me to the second definition that the minister and I disagree on: filibuster. How can the minister say that the opposition parties are going to filibuster before the debate has even started? What the minister is saying, in fact, is that a filibuster means hearing anything he does not want to hear or that he disagrees with.

In a debate as crucial as the one on Bill C-31 and on a number of others we have had before, why does the government impose time allocation even before the debate begins in earnest, assuming that there might be a filibuster later?

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, the question I would like the minister to answer has to do with some aspects of Bill C-31 that raise some very serious concerns.

For instance, in Syria, there are between 400,000 and 500,000 Kurds who have no identification. The births of Kurdish children are not even registered. These people are going to wind up with no identity. When these people want to seek refuge in Canada—where we are supposed to be open to real immigrants and refugees who really need our help—are we going to tell them that if they come to Canada without any papers, without a passport, they will be thrown in prison until they can be identified, for perhaps up to five years?

[Jason Kenney, Conservative, Minister of Citizenship]

Mr. Speaker, we are a democracy because the government derives its mandate from the people as expressed in a general election. The government is ultimately accountable to the people for its actions, including its management of its legislative agenda.

In that respect, it is a democracy, for example, because our government made a platform commitment to pass at all stages and bring into law the various provisions of criminal justice reform included in Bill C-10 within 100 sitting days. That was an undertaking to the Canadian people, for which, in part, this government received a mandate.

Similarly, we made a very important election commitment to Canadians to take strong legislative action with the adoption of anti-human smuggling legislation, which is incorporated into the bill before this place, Bill C-31.

Furthermore, we have made commitments to Canadians to bring in fundamental reforms to our broken asylum system, which are also incorporated in this bill.

What we are seeking to do through this motion is to keep our trust with Canadians by adopting these measures, as opposed to listening to endless filibusters from the opposition, which, effectively, would preclude our ability to improve the asylum system. We must make these reforms before June 29 due to a coming into force provision included in legislation passed in June 2010.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That in relation to C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act, not more than four further sitting days after the day on which this order is adopted shall be allotted to the consideration of the second reading stage of the bill, and that, fifteen minutes before the expiry of the time provided for government orders on the fourth day so allotted to the consideration of the second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Mr. Speaker, I might add that will mean there will have been debate on this particular bill on six different days.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

That's fine. The facts are common knowledge, I am just having trouble remembering them.

Under Bill C-31, it also seems that Canada will start requiring students and visitors with temporary resident visas to submit to the collection of biometric information.

Are you familiar with the department's new policy to that effect? I don't think it comes under Bill C-31. I saw the minister on TV las night. After he made a speech—in Toronto, I believe—he talked about that, unless I saw it in a newspaper article this morning. Are you aware of the department's plan?

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

So if I understand correctly, the scope is broad enough to provide for electronic monitoring, giving the Canada Border Services Agency the authority to require people to wear an electronic monitoring bracelet.

I was also wondering if you could give us some insight into the recently introduced Bill C-31. Bill C-4 appears to have been amended slightly and incorporated into Bill C-31. As I understand it, adults coming to Canada as part of an irregular arrival could end up in detention. Children, however, would not be subject to such detention, which could last up to a year, according to Bill C-4, which I studied at the time.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, with the encouragement and support of the opposition House leader, I will continue to try to engage all the House leaders and other parties in an effort to work on consensus approaches as to scheduling matters. I will make the observation that for a dance to work everyone has to be dancing. Therefore, I will continue to make my best efforts.

This afternoon, we will continue debating the opposition day motion from the hon. member for Hamilton Centre.

Tomorrow we will conclude debate on the amendments coming from the other place, on Bill C-10, the safe streets and communities act. We will have our final vote on this important legislation on Monday night. Bill C-10 will pass a number of important proposals that our government has put forward over the last five years that stand up for victims and for making our communities safer. I might add that Monday will be the 94th sitting day of the House, which means our government will have easily met our election commitment to make this bill law.

Also on Monday, the House will resume debate on Bill C-31, the Protecting Canada's Immigration System Act. We will return to this debate on Thursday and Friday.

Tuesday will begin with Bill S-4, the Safer Railways Act. This is an important bill that was nearly passed before the opposition forced an election last year. I hope we will see the debate conclude sometime Tuesday.

If we have extra time on Tuesday, the House will take up a second piece of legislation, Bill C-15, the Strengthening Military Justice in the Defence of Canada Act.

Wednesday shall be the seventh and final allotted day of the supply cycle. I might correct my friend that I do not think this has ever been designated in the House. We will debate a motion from the New Democratic Party and end the afternoon with two appropriations bills from the President of the Treasury Board.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I stood here in the same place last week and acknowledged that the government had gone a whole five sitting days without moving a time allocation motion and I encouraged the House leader of the government to continue that practice. Therefore, I am quite disappointed standing here today.

They moved not just one time allocation motion on Tuesday, but they moved two such motions. What they are doing is truly undemocratic. I urge the Leader of the Government in the House of Commons once again to put an end to this practice immediately.

For the coming week, there are a number of issues that are outstanding and unclear so I will list them.

I understand that we have a confirmation that Bill C-10 will come before this House for debate tomorrow and that the vote on Bill C-10 will be put off until Monday evening.

I further understand that Bill C-31, the attack on refugees bill, will come before the House on Tuesday. I would ask the House leader if that is still the case and if it will be before the House for the balance of the week.

With regard to other legislation, I will repeat a question I had earlier for him but never got an answer to. Where is Bill C-30, the Internet snooping bill? When will that be back before the House? Will we ever see it again or is the government just going to dump it?

Finally, could I have a confirmation for the House that the final supply day, which was originally scheduled for Monday, has now been put over to Wednesday and all the votes that will flow subsequent to that will be Wednesday evening?

Bill C-10—Time Allocation Motion

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I am not surprised by this motion. There should not be any reason why we should be surprised. It has happened 16 times since Parliament started. Since the May 2 election, this will be the 17th time.

It is a total abdication of the democratic responsibilities that the government should have, and every Government of Canada should have and has up until this point, to allow for meaningful democratic discussion and debate in the House. We are here for that. That is why it is called Parliament.

The government has never understood this. Since the Conservatives received a majority, they have run roughshod over that moral, democratic responsibility they have to the opposition parties and to Canadian citizens as a whole.

I understand the member will move another motion of this kind on Bill C-31. When will we see that one?